Legislative Update - January 22, 2022

The Legislature has two constitutional duties to perform this session … pass a balanced budget and approve restricting maps that are fair.  The Florida Senate accomplished one of its duties by approving its redistricting maps this week with bi-partisan support.  The maps are headed to the House for their consideration. 

Several members of the legislature tested positive for COVID-19 after returning to Tallahassee last week or had a different illness keeping them from the Capitol.  Some of those who were sick included Senators Darryl Rouson, Jason Brodeur, Ileana Garcia and George Gainer and House members Carlos Smith, Webster Barnaby, Scott Plankon and Keith Truenow.  There are no mask requirements inside the Capitol, and it seems that less than 25% of the visitors and legislators are wearing masks.

The Florida Conference of Black State Legislators is holding its annual Gala tonight in Tallahassee.  The funds raised during this event provides student scholarships.

“‘That’s a problem’: Florida state agencies challenged with lack of job applicants, struggle to retain low-wage workers ” via Kelly Hayes of Florida Politics — State agencies are struggling to attract job applicants amid employee vacancies. Sen. Jeff Brandes, who chairs the committee, called for the presentation to learn about the current employment challenges faced by state agencies. Speakers from various public sectors made one thing clear: state agencies are struggling to attract and keep employees. “Not only are we seeing elevated turnover, we aren’t seeing the same degree of interest in people applying for these positions,” said Heather DiGiacomo, chief of staff at the Florida Department of Juvenile Justice. Over the past three years, the state has seen a 34.7% decline in the number of applicants to state positions. That’s despite a three-year, 7.2% increase in job advertisements.

2022 Economic Outlook: A snapshot of Florida

Industries across the state are reporting robust activity — some are surpassing pre-pandemic levels of growth. See the numbers here and examine indiviual reports from Florida's six regions below:

Quick link to regional reports: Miami • Southeast • Southwest • Central • Northeast • Northwest

Legislative …

Senate Passes Congressional, State Senate District Maps - The full Senate on Thursday passed new political maps for congressional districts and the state Senate. The congressional map proposal (SB 102) passed 31-4 and the state Senate district map (SB 100) passed 34-3. However, some Democrats objected to the lack of a new Hispanic district. The sponsor of both proposals, Sen. Ray Rodrigues, R-Fort Myers, told members that his goal was to create constitutionally fair and accurate maps that follow past court rulings. The maps now head to the House where approval is expected on the state Senate proposal, but a decision on Florida's 28-congressional district map is still up in the air. The House State Legislative Redistricting Subcommittee is scheduled to meet on Friday. LobbyTools Calendar / Florida Politics / Associated Press / Politico 

“Florida Senate approves redistricting map for 28 U.S. House districts ” via Jacob Ogles of Florida Politics — With a 31-4 vote, the plan (S 8060) became the first map approved by a chamber of the Florida Legislature during the once-a-decade redistricting process. Liberal advocacy groups like Latino Justice have promised lawsuits over a failure to increase Florida’s number of minority access districts. Meanwhile, Ron DeSantis’ office has criticized at least one district as an “unconstitutional gerrymander,” and online activists have called on the Florida House to ignore the Senate map or for DeSantis to veto it. Senate Reapportionment Committee Chair Ray Rodrigues  has prioritized working within the boundaries of the law. “Let me be clear; I am not saying today that this is the only map that can be drawn to be compliant,” Rodrigues said.

Rules on Agency Head Appointments Targeted in House Legislation - Rules surrounding appointments to lead state agencies made by the governor could change under legislation that cleared the House State Affairs Committee on Thursday. HB 1295, sponsored by Rep. Tommy Gregory, R-Bradenton, would repeal the requirement that all three members of the Cabinet approve the appointment of the executive director of the Department of Law Enforcement and the Department of Veterans' Affairs. The measure would also give the governor the power to appoint the secretary of the Department of Environmental Protection without Cabinet approval. Members opposing the proposal argued the bill violates the Florida Constitution and reduces transparency in government. The measure passed along party lines with a 15-7 vote and has one more committee stop to clear. A similar Senate bill (SB 1658) has yet to be considered in its two assigned committees of reference. Florida Politics

“Measure offering protection for independent contractors ready for Senate floor ” via Jason Delgado of Florida Politics —The Senate Rules Committee OK’d the measure (SB 542) unanimously and without debate. Republican Sen. Ana Maria Rodriguez  is the bill sponsor. Under the proposal, businesses can support independent contractors during a state of emergency — such as a pandemic or a hurricane — without fear of litigation that alleges an improper employee-employer relationship. “You are unable to give them anything because of the way that the employment structure is set up,” Rodriguez told the committee. In the event of a lawsuit, the bill would prohibit several transactions from being used as evidence in court.

COVID Liability Protection Extension Advances - Legislation to extend the timeframe of liability protections from COVID-related claims and lawsuits filed against health care providers moved forward in the House on Friday. The Legislature passed the protective measure last year but the law has an expiration date that only grants immunity through March 2022. PCB HHS 22-01 passed the House Health and Human Services Committee with a 15-5 vote. The proposal would extend the liability protections until June 1, 2023, or 14 months after the current statutory protections are slated to expire. Opponents have argued that the immunity was sold as a temporary, emergency measure – and that Gov. Ron DeSantis and others have said the emergency is now over. The Senate version, SB 7014, cleared all of its committees and has been placed on the Senate special order calendar, ready to be considered on the floor later this week.  

Proposal Setting Out Process for Injured Businesses to Sue Over Local Ordinances Ready for Floor  - Legislation (SB 620) that would create a process for businesses to sue local governments for lost profits when a local ordinance hurts their business is headed to the Senate floor. The bill, sponsored by Sen. Travis Hutson, R-St. Augustine, was approved Thursday on an 11-7 vote in the Senate Appropriations Committee. The idea drew criticism from a line of local officials who told the panel that many of the local laws passed by city and county commissions take on issues local residents strongly want taken care of, and many result in some business losses. If the legislation under consideration were in place, local communities would be paralyzed to do things like shift away from septic tanks toward sewers, shut down the pain clinics that fueled the opioid epidemic, close unwanted gambling or adult entertainment establishments, or even encourage the opening of new chain groceries in food deserts. Hutson said he hoped to work with opponents to improve the bill, and amended it this week to add exceptions and make other concessions in an effort to address concerns. The bill caps damages injured businesses can collect, and there are several exceptions, including for emergency ordinances, some growth laws, and ordinances required to comply with federal or state law, among others. USA Today Network / Florida Politics

Senate approves Governor’s emergency fund, but slashes price tag — The full Senate voted in favor of establishing a pot of money for the Governor to use during states of emergency. As Matt Dixon  of POLITICO Florida reports, the chamber’s plan sets the account balance at $500 million, which is just half of $1 billion DeSantis requested in his budget proposal. The proposal was pitched last year but fell through after it was determined that the state could not seed the account with federal money. The Senate’s 2022 plan (SB 96/SB 98) would fill the pot of money with general revenue dollars. The House version of the bill, introduced Tuesday, would provide the full $1 billion.

Bill Taking Aim at Critical Race Theory Advances in Senate - A hot-button effort to quash the idea that institutional racism continues to hamper minorities was debated Tuesday in a Senate committee, which approved a bill (SB 148) banning the teaching of certain ideas related to race in workplace training sessions or Florida public schools. The Senate Education Committee voted 6-3 in favor of the bill seeking to reduce the influence of "critical race theory" in schools and businesses across Florida. The bill's sponsor, Sen. Manny Diaz, said the main aim of the legislation was to prevent people from teaching others that "the very nature of their race or national origin makes them guilty of racism." The bill does not, as of now, allow parents of students to sue over alleged violations in the schools – which is what Gov. Ron DeSantis wants to see. The Senate measure doesn't specifically outline how violations would be dealt with and sponsor Sen. Manny Diaz suggested enforcement would be through the Department of Education. Tampa Bay Times / USA Today Network / Associated Press

Proposal Would Limit Constitutional Amendments to 'Procedural' or 'Structural' Changes - Restrictions on how pregnant pigs are treated, measures setting the minimum wage, or proposals dealing with recreational use of marijuana might no longer be able to be dealt with in voter-required constitutional amendments under legislation moving in the House. Legislators in the House Public Integrity and Elections committee on Tuesday approved a resolution that seeks to limit what types of constitutional amendments could be made through the citizens initiative process. The measure, HJR 1127, would limit constitutional amendments proposed by initiative to matters relating to "procedural subjects," or to the structure of the government or of the Florida Constitution. Issues such as term limits, redistricting and state taxes would still be topics that could be amended by a petition. The resolution, if approved by lawmakers, would also need approval by 60% of voters.  

As state symbol bills go, this one takes the cake. A measure (SB 1006) that would make strawberry shortcake the state's official dessert, cleared its final Senate committee on Thursday. Florida Politics

Health Care …

“Senate Health Policy Committee says yes to inpatient hospital care at home, hotel ” via Christine Jordan Sexton of Florida Politics — The Senate Health Policy Committee on Wednesday approved legislation (SB 1222) which amends existing state health care laws to allow hospitals, physicians and emergency medical transportation providers to partner together to provide nonemergency services to patients. Mayo Clinic Jacksonville Hospital has been offering inpatient services to its patients for more than a year under a pair of waivers granted by federal and state governments. But the waivers will expire, and Sen. Aaron Bean said his bill establishes the necessary framework for facilities interested in providing inpatient care outside of a hospital setting. Before passing the bill, the Senate Health Policy Committee agreed to tag on an amendment that reworded the proposal to prevent what Bean called a “scope creep.”

Critics fear legislative proposal to fix nursing home staffing shortages may affect care ” via Verónica Zaragovia of WLRN — A survey from the Florida Health Care Association published in August found 92% of long-term care facilities in the state faced significant staffing challenges, with more than half saying they have had to reduce admissions as a result. One proposal, filed by Sen. Ben Albritton, would slash the hours licensed nurses have to spend with patients and allow time spent with therapists or activities directors to count toward the requirement. But some in the industry say there could be problems if licensed nurses provide less care. Amy Runkle, a CNA in Venice, says the idea of replacing licensed nursing assistants with other staff is dangerous. “You need to be certified; you need to be properly trained,” said Runkle, who has worked as a CNA for 31 years and is also a member of 1199 SEIU.

Redistricting …

Administration Pushes Congressional Map - The DeSantis administration released a Congressional map proposal on Sunday. The 28-district map (P 0079) was submitted by Gov. Ron DeSantis' general counsel and accounts for the additional congressional district Florida gained during the 2020 Census due to population growth. The map shows 18 districts with a Republican lean and 10 districts that favor Democrats. DeSantis' map would cut in half the number of Black districts to two, erasing the 5th Congressional District seat held by African-American Rep. Al Lawson. The proposal comes days after the Senate Reapportionment Committee approved a Congressional map (SB 102) producing 16 districts with a slight Republican lean and 12 districts that favor Democrats. The Senate proposal now heads to the floor for a full chamber vote. Although the governor has no say over new legislative maps, the Legislature's congressional map proposals will need his approval. Florida Politics / Politico

“Senate ignores DeSantis’ redistricting map, moves forward with plan less friendly to GOP ” via Skyler Swisher and Steven Lemongello of the Orlando Sentinel — The Florida Senate moved forward with a congressional redistricting map that carves out fewer Republican-friendly districts than a surprise proposal put forth by DeSantis earlier this week. The Senate map is seen as the plan to keep much of the status quo in place, reinforcing the 16-11 Republican advantage over Democrats in congressional seats and even giving Democrats a good shot at a new seat being created. The House must still vote on its version of the map, one draft that would radically reshape many districts. The final map must also be signed into law by DeSantis, or he could veto it. The Senate discussed the maps without mentioning DeSantis’ plan. Sen. Ray Rodrigues, who is leading the Senate’s redistricting efforts, said he only learned of the Governor’s plan this week, and senators are following the legislative process.

Senate debates legislative map that will shape its 2022 political environment ” via Jacob Ogles of Florida Politics — A draft map (S 8058) reached the Senate floor six days after the Senate Reapportionment Committee cleared it for full debate. While the Florida House must also sign off on the map, the chambers traditionally have allowed one another to craft their own district boundaries for legislative maps. The maps will ultimately become law without any involvement of the Governor’s Office. This map holds significant political consequences for chamber members, and under its current configuration, places several incumbent Senators seeking re-election into shared districts. Sens. Dennis Baxley and Keith Perry both live in the proposed Senate District 9. Neither to date has said how they will deal with that situation.

The unexpected Congressional map submitted by the governor's office is still considered a public submission but has caused some turmoil since DeSantis holds the power to veto any proposal passed by the Legislature. Florida Politics

COVID-19 …

“CDC data shows significant drop in new COVID-19 cases in Florida” via Brenda Argueta of Click Orlando — The CDC released several days of data after the holiday weekend that shows Florida may be turning the corner when it comes to the omicron wave. New data released Tuesday from the CDC shows there has been a large decline in new infections, and the state’s seven-day average of new cases has dropped nearly 25% in less than a week. The seven-day average of cases on Jan. 11, when the state recorded its fourth-highest set of numbers since the pandemic began, was 65,759. In the latest data reported one week later, the seven-day average was 49,690, a drop of 24.43%. Hospitalizations dropped by more than 300 over the weekend, though about half these hospitalizations are people with COVID-19 who are being treated for something else.

“COVID-19 update: Florida reports 43,179 new cases, steady hospitalizations as omicron surge continues to ease” via David Schutz of the South Florida Sun-Sentinel — Florida’s omicron surge continued to ease as the state’s seven-day average for new cases declined for the eighth consecutive day, and the number of patients in the hospital with COVID-19 remained stable, federal data shows. The state reported 43,179 new cases on Wednesday, an increase Tuesday. But the seven-day average fell to 45,456 — its lowest level since Dec. 30, according to data from the CDC. There were 11,839 patients with the virus in Florida hospitals on Tuesday and 1,613 adult COVID-19 patients in intensive care, data from the U.S. Department of Health and Human Services shows. On Wednesday, the state added three deaths to its total count, bringing the seven-day rolling average to 91.

“COVID-19 shortages give Miami nursing students a unique opportunity ” via Christina Vazquez of Local 10 — Hospitals are getting creative to fill chronic nursing shortages in a range of units, partnering with the University of Miami to create a pipeline to opportunity. “We have had a lot of people come through the field of nursing simply because they want to make a change with COVID,” said Nichole Crenshaw, associate dean for undergraduate nursing programs at the UM’s School of Nursing & Health Studies. University of Miami nursing students now have a new opportunity to get hands-on experience, a partnership with Steward Health Care’s five South Florida hospitals that places students on clinical rotations. Industry analysts say the pandemic exacerbated nursing shortages nationwide. Some quit. Some retired. Others left hospitals for lucrative gigs with traveling-nurse agencies. This local partnership now creates a pipeline to education and employment.

Campaigns and Elections …

“Donald Trump spent weekend stewing that ‘wiseguy’ Ron DeSantis won’t kiss his ring “ via Asawin Suebsaeng and Adam Rawnsley of Yahoo News — In recent weeks, if you’ve run in the ex-President’s inner circle or floated in and out of his social or political orbits, chances are high that you’ve heard Trump casually insulting DeSantis, even in conversations that initially had absolutely nothing to do with DeSantis. Ever eager to protect his turf and with an eye on 2024, Trump has gossiped with certain confidants and advisers about DeSantis’ political vulnerabilities and “weaknesses.” On several occasions, the twice-impeached former President has lately told associates that if they’re asked about the DeSantis-Trump tensions on TV, they should decline to confirm or deny the existence of a simmering cold war between the two conservative icons.

As both eye the 2024 presidential election, tensions between former President Donald Trump and Florida Gov. Ron DeSantis are increasing. The Hill / Politico

DeSantis Election Fraud Unit Idea Remains Uncertain - As the Legislature heads toward the end of its second full week in session, it remains unclear how Gov. Ron DeSantis' proposal to establish a special law enforcement unit to investigate voter fraud will come to fruition. The governor is asking lawmakers for a nearly $6 million appropriation for a 50-plus person unit to go after election fraud, but the language creating the office is yet to emerge in legislation. Washington Post

“State opens investigation into dark-money group key to ‘ghost’ candidate scandal ” via Jason Garcia and Annie Martin of the Orlando Sentinel — Nikki Fried, the Commissioner of the Florida Department of Agriculture and Consumer Affairs, said her department is probing whether the organization, known as “Let’s Preserve the American Dream,” has fully complied with state laws governing nonprofits that solicit funding in Florida. The development comes as the Tallahassee-based nonprofit, closely associated with one of Florida’s biggest business-lobbying groups, faces a criminal investigation by prosecutors in Miami. A “social welfare” nonprofit that was established “to educate citizens on the societal benefits of sound economic, regulatory and legal policies,” Let’s Preserve the American Dream has grown into a financial powerhouse. Tax records show it has raised and spent roughly $20 million in just the past three years. The organization is closely linked to the lobbying group Associated Industries of Florida and was run out of AIF’s Tallahassee headquarters by a former AIF vice president. Let’s Preserve the American Dream has come under heightened scrutiny as more has emerged about its role in Florida’s 2020 ghost candidate scandal, which involved independent candidates who ran in three battleground Senate races in Central and South Florida.

“Election supervisors cite fraudulent signatures on Las Vegas Sands’ casino petitions ” via Lawrence Mower and Mary Ellen Klas of The Tampa Bay Times/Miami Herald — Florida could be in the midst of one of the largest cases of election-related fraud in recent history. Across the state, elections supervisors say they have been sent thousands of fraudulent petition forms supporting a constitutional amendment to expand casino gaming in the state. Although the forms are supposed to reflect real Floridians voicing support for a change to the state’s Constitution, many include the names of dead people or the forged signatures of real voters.

Former judge lobbying restrictions bill passes last House committee ” via Tristan Wood of Florida Politics — HB 7003, sponsored by Tampa Republican Rep. Traci Koster, passed the House Judiciary Committee with unanimous support. The legislation would extend, from two years to six years, the time which judges and justices must wait after leaving the bench before lobbying legislators and other statewide elected officials. The change also would prohibit them from lobbying government agencies for compensation or lobbying the Legislature on such things as policies, appropriations and contracts. Penalties under the measures would include fines up to $10,000 and forfeiting money earned from illegally lobbying. Violators also could receive public censure or reprimand. A bill (HB 7001) that places similar restrictions on Florida lawmakers also is working its way through committees.

Miscellaneous …

DOT Secy Thibault Hired to Run Orlando Airport

The Greater Orlando Aviation Authority has agreed to offer the job of director of Orlando International Airport to Florida Transportation Secretary Kevin Thibault, who is expected to take the post, replacing Phil Brown. The formal hiring is subject to salary negotiations, though preliminary talks have occurred already. Thibault was named Florida Department of Transportation secretary three years ago by Gov. Ron DeSantis. He has more than 16 years of experience working for Florida's transportation department over three separate stints. Orlando Sentinel

First Lady Finishes Chemotherapy Treatment

Gov. Ron DeSantis announced that First Lady Casey DeSantis had her last chemotherapy treatment on Wednesday. The governor's wife was diagnosed with breast cancer in October of last year. Orlando Sentinel / The Hill / Associated Press